Home to School Travel Policy for Children and Young People with Special Educational Needs 1 Background 1.1 This policy has been made with reference to the Education Act 1996 ('the Act'), the SEN Code of Practice (2001), the Children Act 2004 and the Disability Discrimination Act 2005 and the Equality Act 2010. This policy contributes to the Sustainable Modes of Travel to School Strategy as required under the Education and Inspections Act 2006. 1.2 This policy statement is intended to explain the circumstances in which travel assistance may be provided to some parents and children by London Borough of Newham ("Newham"). In some situations travel assistance is necessary but in most situations it is at the discretion of Newham. 1.3 Any grant of assistance made under this policy is subject to annual review. 2 Our mission and key principles 2.1 Newham is committed to providing the best possible start for children in Newham by raising the standards of education opportunities and investing in buildings and services. 2.2 The policy takes into account legislation and the guiding principles are that: 2.3 Travel assistance will be offered that is appropriate to the individual needs of children and young people. The policy will promote independence and social inclusion of children and young people as appropriate to their ability and age. The policy will encourage and promote travel options which may improve the physical well being of those who use them and/ or the environmental well being of all or part of the local authority’s area. To this end sustainable transport modes such as walking, cycling and use of public transport will be prioritised. Any travel assistance offered will be the most efficient and effective available in terms of sustainability and cost. This involves solutions such as the use of central pick up points if transport on a minibus is offered. 2.4 Applications for assistance with travel will be considered taking the above factors into account. 2.5 There is an appeal process described in Section 13 below. 2.6 This policy is subject to review every 2 years and in accordance with any changes in the law. Page 1 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU 3 Legal context and the statutory duty on local authorities 3.1 It is the responsibility of parents/carers to ensure that their children attend school. However, LAs have duties to assist parents and carers as set out in the Education Act 1996. Under section 508B of the Act, all LAs have a duty to provide or arrange free transport to and from the nearest suitable school or any other education establishment maintained or assisted by the LA for a pupil of statutory age who lives in its area if such a pupil is eligible and if it is deemed necessary. This document outlines options for transport assistance where this is eligibility may be agreed. 3.2 Due to competing demands on time and domestic circumstances many parents find getting their children to and from school inconvenient, difficult, very difficult or sometimes extremely difficult. The SEN Travel Policy does not seek to address these situations. 3.3 The same general entitlements for home to school travel assistance apply to pupils aged 5 to 16 with SEN as for other pupils of compulsory school age. 3.4 Wherever possible and appropriate, children with SEN should be treated in the same way as those without; i.e. in general they should walk to school, travel on public transport or be taken by their parents. They should develop independent travel skills which should be assessed at each annual review. 3.5 The provision of transport is therefore discretionary except where pupils are entitled to free home to school transport under the Newham Home to School Transport Policy .Newham wants all children with SEN to have, as far as practicable, the same experience of school as their peers and where possible to be independent travellers: 3.6 Within this context, where: a child is under 8 years old and lives over 2 miles from the school; or a child is aged 8 years or over and lives over 3 miles from the school; and the child is not eligible for a free bus pass through the Mayor of London Scheme (see below) the provision of assistance will be considered necessary. 3.7 The nearest suitable school(s) is / are usually the geographically nearest school(s) to the pupil's home address that is/are deemed to be suitable for the pupil's age, ability and aptitude for education and special educational needs. 3.8 Newham will use the information provided by the parent/ carer when considering each application. Each application will be considered on its merits and Newham will take account of any representations made. 4 Consideration of pupils with special educational needs and applications 4.1 The authority will take into account categories of special educational need when considering provision of travel assistance for: pupils with profound and multiple learning difficulties or severe learning difficulties pupils with long term complex physical/ medical difficulties pupils who have been identified as having severe autism or a related severe communication difficulty pupils with significant social, emotional and behavioural difficulties sensory difficulties Page 2 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU safety issues and how the pupils independence relates to the above All these categories are associated with having the most significant learning difficulties within that continuum of need. 4.2 The application form includes space to identify any particular special or health-related needs. Parents of children with special educational needs are encouraged to provide as much information as possible to support their application. In a small number of cases, Newham may seek further advice from staff at the child’s school, advisory teachers in the authority or from health professionals. 4.3 No child will receive travel assistance without an application being made by the family to Newham. This is so that Newham can demonstrate that all applications are treated fairly. 4.4 Parent(s) reporting that they are unavailable to take their children to school due to work or other commitments are not reasons for the authority to provide home to school travel assistance. 4.5 In considering an application from a parent/carer of a child or young person with special educational needs Newham will, in particular, take into account the following factors: the distance from home to school and the statutory walking distances to school outlined in the Education Act 1996 the age of the pupil the availability of places in the nearest suitable school(s) the nature of the route to school including the safety of the route and alternative routes available the nature of the pupil’s special educational needs the benefit in a child receiving travel training the suitability of public transport (e.g. does the pupil need specialist seating rather than just access to a public bus with space for a wheelchairs the need for supervision whether the child could move to a school closer to the family’s home the efficient use of the local authority’s resources. 4.6 Travel training on public transport should be the first option for children without physical difficulties and for all pupils as they move from primary to secondary school. 4.7 The above list is for guidance only and satisfaction of one or more of the criteria does not automatically allow entitlement to travel assistance. 4.8 Where it is agreed to provide assistance, an individual assessment will then be carried out to determine the type of assistance that will be provided. Any assistance provided will be based on the least restrictive solution for the pupil and will encourage independent travel but will also need to be cost effective. 4.9 All provision of assistance will be reviewed annually. Page 3 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU 5 Other factors that may be considered in assessing requests for support with home to school travel Families in receipt of Disability Living Allowance (DLA) for children and young people 5.1 If a parent receives the Higher Rate Mobility Component (HRMC) of the DLA for a pupil, the family is entitled to a vehicle through the mobility scheme. In these cases, Newham will take account of the availability of a mobility car for the pupil in determining whether or not to provide travel assistance. Preference for particular schools 5.2 If, as a result of the parent expressing a preference for a particular school, a pupil secures a place in a school other than the school(s) identified by Newham as appropriate to the child’s special educational needs or the nearest suitable school(s), Newham will draw to the attention of parents that there is no obligation to provide travel assistance to the more distant school if it is further away from home than the school(s) proposed by Newham. 5.3 If a parent applies for travel assistance for a child with special educational needs as a result of the family moving house and wants their child to remain in a particular school, Newham will draw to the attention of parents that there is not an obligation on the authority to provide travel assistance for that child. It can reasonably be expected that the family will work with Newham and the relevant schools to secure a place in a school nearer to the family home. Family Circumstances involving children with SEN 5.4 Eligibility for transport assistance is based on the needs of the child. However, family circumstances may be taken into account. The family circumstances that Newham will consider are whether the parents/ carers have other children who attend Newham schools and whether it is practical for the parents / carers to collect children from both schools at the beginning and end of the day. In considering this, Newham will consider: the distance and journey time between each school what would be a reasonable time for children to arrive at either school if before school or after school facilities or clubs are available at either school other arrangements that a family can reasonably be expected to make in terms of organising for children to be picked up by another adult such as a family friend or relative. Parents must investigate these options before asking for assistance and evidence this in any application they make. Parents who are disabled 5.5 The Disability Discrimination Act places a duty on organisations to promote equality of opportunity for disabled people and to promote equality of opportunity. Therefore when a Page 4 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU parent’s disability prevents them from accompanying their child/ children with special educational needs to school, the SEN section will liaise with social care staff to assess the situation as additional support may be provided to the family via this route. If parents are in receipt of travel assistance as part of their disability living allowance they will not receive this support. 5.6 Where assistance is given that takes account of family circumstances, it will be subject to review at least once each term. Grace and favour places or use of spare seats 5.7 If a child has been placed in resourced provision, younger siblings who are placed at that school can also travel on the minibus if there is space. In these cases there is no charge but: parents/carers are responsible for getting the pupil to an appropriate pick up point the seat may be withdrawn, with 5 days notice, if the route is withdrawn or changed or if the seat is required by another pupil who is entitled to assistance with travel the pick up or drop off times will be determined by the timetable(s) of children for whom the travel assistance was intended rather than that of the child using the spare seat 5.8 The authority does not offer grace and favour places outside this arrangement. Extended school days 5.9 If children or young people attend after school clubs or activities before the formal start of the school day Newham will not normally provide additional travel support but will consider representations as to whether the changes proposed are a reasonable use of the Local Authority’s resources. Newham will also consider representations to adjust the timing of the school transport arrangements where that might be necessary in the light of the council’s duties under the Equality Act 2010 Applications for children in early years settings and nurseries 5.10 Newham does not have a statutory duty to provide transport assistance for pupils who are under the compulsory school age. Parents are therefore responsible for taking their children to a nursery setting unless the child is placed in a special nursery setting by Newham for the purpose of a statutory assessment of SEN. Travel assistance to respite care 5.11 A number of pupils with special educational needs and/or disabilities may start or end some school days at respite care provision. Subject to agreement, assistance can be provided to and from school and respite care placements. This will normally be provided for respite care that is arranged well in advance to enable travel arrangements to be planned. In considering whether travel assistance can be given for these placements Newham will take account of journey times, whether the journey times remain reasonable and the efficient use of the local authority’s resources. Page 5 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU 6 Application for students with special educational needs above statutory school age attending further education institutions 6.1 The student is expected to be under 21 years of age at the commencement of a course. Support will be provided up to the age of 22 years of age, but may be extended to allow a self-contained course of study to be completed. 6.2 The school or college where the course is being undertaken must be within the maintained further education state sector and/or in receipt of Learning and Skills Council (LSC) funding. 6.3 Students are expected to attend a place of study this is as close to their home as possible. Students wishing to travel to places of study further away will be required to show that a similar course of study was not available c loser to home. 6.4 The type of travel assistance will be kept under review. Whilst each case will be treated on its merits, it is generally expected that students should participate in training for independent travel through their place of study. As such the level of transport assistance will be reduced accordingly. So, for example, if a student was provided with assistance in a vehicle during the first term, in the second term they would be expected to have progressed sufficiently to be able to use public transport for the remainder of their course of study. Escorts will only be provided in exceptional circumstances. 6.5 Students wishing to follow courses that are not held at a Further Educational Institution (FEI) closest to their homes and expecting enhanced travel support to attend a course need to contact the authority in the term before the course is due to start to check whether they would be eligible under this policy. This is to avoid disappointment and possible financial difficulties if travel assistance is not considered to be necessary. For example, the request may be refused because a similar course could have been available at a local Further Education Institution. Students are encouraged to check the arrangements for travel assistance provided by further educational institutions outside Newham before applying to the council. 6.6 Late submissions i.e. once a course has started or is about to start, can mean that parents will need to make their own arrangements until applications can be processed by the authority. 6.7 Where a student who has a statement of SEN is required to attend a residential college for assessment, and where the application is supported by the relevant agencies, travel costs for the students, and if required, an escort may be reimbursed to a maximum of three visits. 6.8 Students attending residential institutions will be supported with travel costs in accordance with the recommendations from officers of the authority normally at the beginning and end of each term. 7 What happens when travel assistance is agreed 7.1 If travel assistance is agreed an assessment to determine the type of assistance to be provided will take place. This will lead to provision of one of the following: travel training leading to independent travel provision of a short-term travel escort for up to 6 months provision of a long-term travel escort Page 6 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU travel assistance on a minibus or other accessible vehicle travel pass direct payment to a parent or carer to undertake the journey with the child 7.2 The family may be asked to submit further information about the child or young person and other information such as contact details for the family. 7.3 If assistance is agreed with the provision of a travel escort or on a vehicle, the travel arrangement will only begin when all the necessary documentation has been provided to Newham by the parent/ carer responsible for the child or young person. 7.4 Once arrangements are finalised, the parent will then receive the following information in writing: the telephone number of a helpdesk details of the expected pick- up and drop- off time and whether this is from the family’s home or a central pick up point. 7.5 Parents must inform the authority if travel assistance is not needed on a particular day e.g. if a child is sick or in hospital. If parents repeatedly fail to do this travel assistance may be withdrawn. 7.6 Once travel assistance begins parents/carers are responsible for ensuring that Newham is notified if there are any changes to the family details or the child’s or young person’s circumstances. This includes informing Newham of change of addresses and contact details. The purpose of this is to ensure that children are kept safe. Failure to do so may result in travel assistance being terminated or suspended at short notice. 7.7 Whilst the service standard for setting up new travel arrangements is that assistance will begin within ten working days of the parent returning all documentation to Newham and assessments being completed, there may be a time gap between travel assistance being agreed and the assistance beginning. This period may be extended in cases where additional risk assessments on a child need to be completed. In these cases it will be the parent’s responsibility to ensure that the child does not miss any school whilst travel arrangements are being put in place. 7.8 Parents need to be aware that it is not always easy to alter travel arrangements at short notice. Newham will try and assist where possible but is not obliged to do this and will consider: the effect on other service users. This includes other children or young people on the vehicle but may also include other users of the vehicle before or after the arranged journey time whether the notice period is adequate for the contractor to rearrange drivers and escorts. 8 Adult assistance and support 8.1 No child with SEN for whom Newham has provided travel assistance in the form of a minibus or taxi will travel unaccompanied without a full risk assessment being carried out. 8.2 If the pupil would be the sole occupant in a vehicle, Newham will expect the parent/ carer to act as escort. 8.3 Escorts, where provided, are there to ensure the safe care of pupils. All drivers and Page 7 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU escorts are required to have positive checks from the Criminal Records Bureau (CRB) prior to commencing duties. They are required to carry designated photo identification at all times to show that they are authorised to provide services on behalf of Newham. 8.4 All drivers are required to pass a Minibus Awareness Training Course and to up date this training at least every four years. Escorts are required to take Passenger Assistance Training. 8.5 All drivers and escorts are provided with written guidance on procedures and required standards of conduct. 9 Payments 9.1 Parents may be given direct payments rather than travel assistance if this is more cost effective to the council. Any agreements to funding are subject to a funding plan being agreed between the parent and the authority. 10 Review of travel arrangements and changes to the assistance that is given 10.1 Each travel arrangement is subject to review at least annually. 10.2 Discussions on these changes may arise as part of a review but also in direct discussion with families. For example, some children they may be taken on a bus when younger but provided with a travel escort to walk to school or to go on public transport when older. 10.3 Any arrangements for change will be closely planned with pupils, parents/carers and schools. 10.4 The SEN Code of Practice 2001 indicates that transport should only be specified in the statement of SEN in exceptional circumstances. An example of exceptional circumstances would be when a child has particularly high care needs and requires an escort with nursing or specialist medical training. 11 Complaints 11.1 Any complaints will be dealt with in accordance with Newham's Corporate Complaints Policy. This is available from the Newham website or local service centres. 12 Applying for assistance with home to school travel 12.1 Parents/ carers of children with special educational needs apply for travel assistance by completing a standard application form and returning it to Newham. Parents/ carers can obtain this form from: SEN Section London Borough of Newham Newham Dockside 1000 Dockside Road London E16 2QU Tel: 020 8430 2000 Page 8 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU 12.2 Parents requiring support with applications can obtain this at the local service centres. 13 Appeals 13.1 Where an application for travel assistance is refused or Newham proposes arrangements for travel assistance or changes to existing travel assistance that a child, young person, parent or carer does not agree to, the appeal process is as follows: 13.2 An appeal must be submitted in writing within 28 days of the letter refusing travel assistance or proposing changes to existing arrangements to the Head of Inclusion. This letter of appeal must provide the reasons for challenging Newham’s refusal of assistance or changes to proposed arrangements and include any fresh documentary evidence available. Appeals should be sent to: Head of Inclusion Tunmarsh Centre Tunmarsh Lane E13 9NB 13.3 The Head of Inclusion will review the application and consider the evidence. The original decision may be upheld, overturned or alternative solutions may be identified. If the application is not approved the person who is appealing will be informed of this and will be informed of the next (and final) stage of the appeal process. 13.4 Final appeals must be submitted in writing within 28 days of the date of the decision from the Head of Inclusion . This letter of appeal must provide the reasons for challenging the decision of the Head of Inclusion, which may relate to Newham’s refusal of assistance, proposed changes to arrangements or alternative solutions and include any fresh documentary evidence available. 13.5 Final appeals will be considered by a director in Children and Young People's Services Final appeals should be addressed to: Directors office CYPS London Borough of Newham Newham Dockside 1000 Dockside Road London E16 2QU The parent will be informed of the decision in writing which is final. 13.6 In the event of an appeal, parents/carers will be responsible for ensuring that their child attends school until the outcome of the appeal is determined. 14 Other information - residential placements Weekly placements / Termly residential provision 14.1 Newham will fund one parent to escort the child to and from school at the beginning and end of each week for pupils in weekly residential placements. 14.2 For pupils in termly residential placements, the council will fund one parent to escort the child to and from the school for a maximum of 6 journeys i.e. at the beginning and Page 9 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU end of each half term. 14.3 Funding is based on second class public transport. 14.4 If assistance with transport is agreed but the parent wishes to take the child to school in their own car, this will be funded to the amount of the equivalent fare on second class public transport or will be determined as at the Community Transport Association mileage rate for volunteer drivers, whichever is the cheapest. 14.5 Either or both parents/carers will be funded to attend each annual review. The amount that can be claimed will be the Community Transport Association mileage rate for volunteer drivers or second class public transport (whichever is the cheapest) and subject to the approval of the authorised officer. 14.6 For a pupil placed in termly residential provision the cost of a taxi can be funded between the train station nearest to the school and the school itself where there is no public transport link. Some residential provisions offer a transfer service between public transport hubs and the school and parents are expected to use these when available. 14.7 If a termly residential placement is jointly funded for social care and education the SEN section and social care will jointly share the costs (50% each) for a carer and the child/young person to travel to and from the residential school at the beginning and end of each half term and for one annual review. In addition social care will be responsible for the cost of contact visits for the birth parents or the main carer. 14.8 Where a termly residential placement is funded with education, social care and health, contributions, the funding from the SEN section will meet one third of the costs for travel for the carer and child to and from residential school at the beginning and end of each half term, and for one annual review. 15 Contacts 15.1 Any questions or matters arising from this policy should be directed to: Group Manager SEN SEN Section London Borough of Newham Newham Dockside 1000 Dockside Road London E16 2QU Tel 020 7430 2000 Page 10 of 10 London Borough of Newham | Newham Dockside |1000 Dockside Road |London | E16 2QU